Hello,
This is on behalf of my mother who has been teaching in an Un-aided educational institution in Bangalore since 25th May 2005 and is resigning on 9th April 2011. The school states that the 1st year is termed as probationary period and is refusing to pay the gratuity amount. The school states that the gratuity period of 5 years begins only after the probationary period (25 May 2006) and is using this statement to refuse the payment of gratuity as my mother is leaving the institution on 9th April 2011.
What can be done in such a case?
Thank you.
Statement in Offer letter
i.) Probationary Period: All the employees, except temporary employees appointed for a specific period will be on probation for a period of 9months in the first instance. The period of probation may be extended by the managing committee/board of governors but ordinarily for a period of 3 months. During this probationary period, this agreement is terminal by either party by giving 1 month notice or one month salary in lieu of notice provided. That such notice period terminates at the end of the term.
From India, Bangalore
This is on behalf of my mother who has been teaching in an Un-aided educational institution in Bangalore since 25th May 2005 and is resigning on 9th April 2011. The school states that the 1st year is termed as probationary period and is refusing to pay the gratuity amount. The school states that the gratuity period of 5 years begins only after the probationary period (25 May 2006) and is using this statement to refuse the payment of gratuity as my mother is leaving the institution on 9th April 2011.
What can be done in such a case?
Thank you.
Statement in Offer letter
i.) Probationary Period: All the employees, except temporary employees appointed for a specific period will be on probation for a period of 9months in the first instance. The period of probation may be extended by the managing committee/board of governors but ordinarily for a period of 3 months. During this probationary period, this agreement is terminal by either party by giving 1 month notice or one month salary in lieu of notice provided. That such notice period terminates at the end of the term.
From India, Bangalore
Dear Uzair,
The definition of an employee as per the Act is "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity].
Which shows and states that the company is bound to pay the Gratuity for all the services rendered.
Regards,
Amit Seth.
From India, Ahmadabad
496The definition of an employee as per the Act is "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity].
Which shows and states that the company is bound to pay the Gratuity for all the services rendered.
Regards,
Amit Seth.
From India, Ahmadabad
Dear Sirs
Under the Payment of Gratuity Act a worker is entitled to get gratuity if he had put in at least five years of continuous service with his employer. How to calculate one year of continuous service is provided for in the Act itself. Gratuity becomes payable when the worker retires on attaining the age of superannuation, or resigns or dies while in service. In the case of death of the worker while in service, the qualifying service of five continuous service is not a must. The rate of gratuity is 15 days basic plus dearness allowance for every completed year of service. For arriving at the one day wages of the worker, the monthly wages has to be divided by 26 and not 30. If the employer offers gratuity at a higher rate than what is provided for under the P.G.Act then that rate will prevail.
From India, Madras
Under the Payment of Gratuity Act a worker is entitled to get gratuity if he had put in at least five years of continuous service with his employer. How to calculate one year of continuous service is provided for in the Act itself. Gratuity becomes payable when the worker retires on attaining the age of superannuation, or resigns or dies while in service. In the case of death of the worker while in service, the qualifying service of five continuous service is not a must. The rate of gratuity is 15 days basic plus dearness allowance for every completed year of service. For arriving at the one day wages of the worker, the monthly wages has to be divided by 26 and not 30. If the employer offers gratuity at a higher rate than what is provided for under the P.G.Act then that rate will prevail.
From India, Madras
Dear Mr.Srinivas
Even if there be no offer letter the Payment of Gratuity Act will apply provided the Act applies to your establishment. Please furnish details of you estaablishment like number of employees, nature of work done and details of any labour law under which your employer had registered with the Govt.
From India, Madras
Even if there be no offer letter the Payment of Gratuity Act will apply provided the Act applies to your establishment. Please furnish details of you estaablishment like number of employees, nature of work done and details of any labour law under which your employer had registered with the Govt.
From India, Madras
Merely completing 240 days is not enough to qualify for payment of Gratuity. Please read the Act carefully and you will find the answer. Vasant Nair
From India, Mumbai
From India, Mumbai
Dear Member,
Welcome to CiteHR.
Abstract of the Act & Rules is provided by the applicable Payment of Gratuity Rules & therefore first see which of the State/Central PG Rules are applicable in your case & then go through form 'U' or whichever form find place in those Rules. You can also have it from your local shopkeeper who is having registers under Factories Act & other labour laws.
R.N.KHLOA|Sr.ASSOCIATE|LL&IR|
SKYLARK ASSOCIATES| GURGAON|HARYANA|
|Mobile: 9810405361|
From India, Delhi
Welcome to CiteHR.
Abstract of the Act & Rules is provided by the applicable Payment of Gratuity Rules & therefore first see which of the State/Central PG Rules are applicable in your case & then go through form 'U' or whichever form find place in those Rules. You can also have it from your local shopkeeper who is having registers under Factories Act & other labour laws.
R.N.KHLOA|Sr.ASSOCIATE|LL&IR|
SKYLARK ASSOCIATES| GURGAON|HARYANA|
|Mobile: 9810405361|
From India, Delhi
Dear Members, As an employer can I start paying gratuity along with salary even if the employee has not completed 5 years
From India, Hyderabad
From India, Hyderabad
Dears,
Can answer the following questions,
1) if, I'm completed 5 years the same company i agree that gratuity is applicable but i will apply that working period(continuous service) is possible or after resignation or retirement only possible?
2) and I'm worked different different company (1+2+1+1=5 years) finally present company have completed 5th years that time gratuity is applicable or not?
This is not jokes someone asked this type of questions can clarify to me.
Reg.
Seven
From India, Chennai
Can answer the following questions,
1) if, I'm completed 5 years the same company i agree that gratuity is applicable but i will apply that working period(continuous service) is possible or after resignation or retirement only possible?
2) and I'm worked different different company (1+2+1+1=5 years) finally present company have completed 5th years that time gratuity is applicable or not?
This is not jokes someone asked this type of questions can clarify to me.
Reg.
Seven
From India, Chennai
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